Can Texas minors enjoy Christmas eggnog spiked with alcohol at home? Here’s the law

We are headed into the Christmas season and many will be celebrating the holidays with family. Plenty of adult beverages will surely be served to spread good cheer, but can minors in Texas imbibe?

On their own, underage individuals are prohibited from buying and consuming alcohol. According to the Texas Alcoholic Beverage Code, if you’re a minor — In Texas, the drinking age is 21. — who buys, attempts to buy, possesses or drinks alcoholic beverages, or if you’re intoxicated in public or misrepresent your age to get alcohol, you’ll face the following consequences:

• Class C misdemeanor, punishable by a fine of up to $500

• Attendance of an alcohol awareness class

• 8 to 40 hours community service

• 30- to 180-day loss or denial of driver’s license

But what happens when the minor is at a family gathering?

A minor can possess and consume alcohol when in the visible presence of their parent or legal guardian, Texas law says.

While it is otherwise prohibited, according to the Texas Alcoholic Beverage Code, the underage person may possess an alcoholic beverage under these exceptions:

• While in the course and scope of the minor’s employment if the minor is an employee of a licensee or permittee and the employment is not prohibited

• If the minor is in the visible presence of their adult parent, guardian, spouse or other adult to whom the minor has been committed by a court

• If the minor is under the immediate supervision of a commissioned peace officer engaged in enforcing the provisions of this code

• If the beverage is lawfully provided to the minor for a certain course of study

The Texas Alcoholic Beverage Code states that an adult 21 years of age or older is liable for damages caused by the intoxication of a minor under the age of 18 if:

• The adult is not the minor’s parent, guardian or spouse; or an adult in whose custody the minor has been committed by a court

• And the adult knowingly served or provided to the minor any of the alcoholic beverages that contributed to the minor’s intoxication; or allowed the minor to be served or provided any of the alcoholic beverages that contributed to the minor’s intoxication on the premises owned or leased by the adult.

This story was originally published December 4, 2023 at 1:44 PM.